Created by Fuzzy Cloud

Patna High Court

Sudhir Sharma @ Sudhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court rejected the anticipatory bail but permitted the petitioner to withdraw the petition subject to surrender within eight weeks.

Summary

The petitioner, Sudhir Sharma, filed an anticipatory bail petition fearing arrest in connection with a criminal case (Karpi P.S. Case No. 133 of 2025) filed under several sections of the B.N.S. The petition sought relief from arrest pending investigation. Counsel for the petitioner requested permission to withdraw the petition, provided he surrenders to the court within eight weeks. The Court considered whether anticipatory bail was warranted and whether a conditional withdrawal could be allowed. It rejected the anticipatory bail application, but granted the petitioner's request to withdraw the petition on the condition of surrender within the stipulated period. The Court directed that the matter be taken up for disposal on the day of surrender, if possible.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner may be allowed to withdraw the anticipatory bail petition with liberty to surrender within a specified period.

Legislation cited

  • B.N.S. — s. 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • withdrawal of petition
  • surrender
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74868 of 2025
                         Arising Out of PS. Case No.-133 Year-2025 Thana- KARPI District- Arwal
                 ======================================================
                 Sudhir Sharma @ Sudhir Kumar Son of Shri Atmesh Singh @ Atmesh
                 Sharma @ Mithlesh Singh Resident of Village - Rampur, Ps- Karpi, Dist-
                 Arwal

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Amit Kumar, Advocate
                 For the State           :        Mr. Jitendra Kumar Singh, APP
                 For the Informant       :        Mr. Bipin Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-02-2026                   Heard Mr. Amit Kumar, learned counsel for the

                   petitioner and Mr. Bipin Kumar Singh, learned counsel for the

                   informant as also Mr. Jitendra Kumar Singh, learned APP for

                   the State.

                                 2. The petitioner is apprehending arrest in connection

                   with Karpi P.S. Case No. 133 of 2025 instituted under Sections

                   126(2), 115(2), 118(1), 117(2), 352, 351(2), 3(5) of the B.N.S

                   lodged on 11.07.2025 by the informant, Anup Singh.

                                 3. After some argument, learned counsel for the

                   petitioners submit that he may be permitted to withdraw the

                   petition with liberty to surrender within a period of eight weeks.

                                 4. Accordingly, the anticipatory bail stands rejected. If

                   the petitioners surrender within a period of eight weeks, the
             Patna High Court CR. MISC. No.74868 of 2025(4) dt.23-02-2026
                                                         2/2




                       Court concerned shall take up the matter and if possible shall be

                       disposing it of on the same day.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.